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2006 Supreme(Bom) 1169

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.M. LODHA & NARESH H. PATIL, JJ.
Rahul S. Thakur - Petitioner
Versus
The Commissioner of Police. Navi Mumbai & Ors. - Respondent
Public Interest Litigation No.112 of 2005
Decided on 27th July, 2006.
Advocates appeared
Mr. RAHUL S. THAKUR, the Petitioner - in person.
Mr. P.M. PATIL, AGP, for the Respondents No.1 to 4.

Headnote:CONSTITUTION OF INDIA, 1950 - Articles 226 and 227 Public Interest Litigation. Where petitioner through a PIL sought direction for providing bedding facilities to accused in police lockups therefore it is directed that all police lock ups in State shall be provided with required bedding facilities within a period of one month.

       CONSTITUTION OF INDIA, 1950 - Articles 226 and 227 Public Interest Litigation. Since drinking water is most essential necessity for any human being hence D.G. Police directed to ensure that inside all Police lockups in State drinking water facility is made available.

       CONSTITUTION OF INDIA, 1950 - Articles 226 and 227 Public Interest Litigation. Where petitioner in a PIL sought direction to stop practice of stripping of clothes of accused persons in Police lockups therefore D.G. Police directed to issue directives shall not stripped of their clothes.

R.M. LODHA, J.: - The Director General of Police has submitted the report as was directed in the orders dated 19th October, 2005 and dated 28th June, 2006.

2. In paragraph 1 of the report the Director General has noticed the prayers made in this Public Interest Litigation by observing thus:

"The petitioner Shri. Rahul S. Thakur, r/o Vashi, Navi Mumbai has filed the aforesaid P.I.L. before the Hon'ble High Court, Mumbai with the following main prayers, viz.

(a) That Respondent nos.1 and 2 (i.e. Commr. of Police, Navi Mumbai and Director General of Police, M.S., Mumbai) be directed to immediately stop the practice of stripping accused persons and confining them to custody without any cloth and keeping them in such inhuman and undignified conditions;

(b) Immediately provide funds for undertaking repairs, renovation of P. Stns. through out the State to provide essential facilities i.e. electricity, fans, lights, toilets and lavatories, drinking water, bedding, essential furniture for upkeep of human dignity and make them facilities available for the accused persons."

3. In paragraph 4 of the report, the Director General has noticed the important points that have emerged from various reports received by this Court. He summarised these points thus:

"(a) No fans have been provided in the lock - ups, because of the fear that the inmates kept in the lock - ups will attempt to suicide, because of the frustration caused to them, due to their arrest. In fact, it will not be out of place to mention here that there are instances occurred in the State, in which the suspect kept in police lock - ups have committed suicides by adopting such tactics and hanging themselves. However, wherever possible pedestal fans are provided outside the lockups.

(b) No electricity connections, with tubelights have also not been provided in the lock - ups, again due to the fear felt to the police that the same will be misused by the inmates, being lodged in the police lockups, either for getting themselves hurt or attempting suicide, because of the frustration caused to them, due to their arrest. However, sufficient lighting arrangement outside the lock - ups is provided, instead.

(c) It has also been observed that at number of places of police lock - ups the W.Cs., Urinals and bathroom are not attached to the Cells. However, they are given these facilities, outside the cell, with the help of the police personnel on duties at the P. Stns.

(d) The drinking water facilities in the lockups itself is not provided. However, it is being provided from the outside lockups, whenever demanded by the inmates.

(e) Although at the most of places, bedding facilities is being provided, yet at some places, there is requirement of the same.

(f) It is also evident from the reports received from some of Unit Commanders that police lock - ups need either renovation or there is requirement for constructions of new police - lockups.

(g) It is also noticed that at some places, there is necessity of constructions of Police Guardrooms, to keep tab on the activities of the inmates kept in the Police Lock - ups." 4. In paragraph 5 of the report, he has stated that for the financial year 2006 - 2007, an amount of Rs.43 crores has been sanctioned for repairs of Police Stations by the Government and out of these funds, work of repairs of lock - ups including renovation, construction of guard rooms etc. will be done with the prior approval of the Government. In the concluding paragraph of the report, he has stated that insofar as provision of bedding facilities to the inmates kept in lock - ups is concerned, the issue will be sorted out in consultation with the Inspector General of Prisons, Maharashtra and every possible effort will be taken to provide requisite bedding facilities as entitled pursuant to the prevalent rules and regulations.

Stripping of the clothes:

5. The reports submitted by various District Judges in compliance of the order of this Court were placed before u













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